House Education Minutes 01/29/2002 7:00 PM

77^th Legislative Session _ 2002

Committee: House Education

Tuesday, January 29, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Begalka
P    Davis
P    Elliott
P    Garnos
P    Heineman
P    Juhnke
P    Kooistra
P    McCaulley
P    McCoy
P    Monroe
P    Van Norman
P    Wick
P    Smidt, Vice-Chair
P    Eccarius, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Eccarius, Chair

MOTION:     TO APPROVE THE MINUTES OF JANUARY 29, 2002 10:00AM

Moved by:    Davis
Second by:    Bartling
Action:    Prevailed by voice vote.

         HB 1144: repeal certain provisions relating to the calculation of state aid to education.

Presented By:    Representative Kloucek

MOTION:     TO TABLE HB 1144

Moved by:    Smidt
Second by:    Juhnke
Action:    Prevailed by roll call vote.(9-5-1-0)

Voting Yes:    Garnos, Heineman, Juhnke, McCaulley, McCoy, Monroe, Wick, Smidt, Eccarius

Voting No:    Bartling, Begalka, Davis, Elliott, Kooistra

Excused:    Van Norman

         HB 1290: revise the calculation of state aid to education.

Presented By:    Representative Teupel
Opponents:    Penelope Douglas, SD Coalition of Small Schools
        Tom Oster, Avon School
        Keith McMann, Marion School
        Secretary Ray Christensen, Department of Education and Cultural Affairs
        Dean Christensen, Emery School

MOTION:     AMEND HB 1290

On page 3, between lines 6 and 7 of the printed bill, insert:

"

(e) For contracting school districts with an average daily membership of two hundred or less and meet one of the two following criteria (i) serve an area of more than two hundred fifty square miles, (ii) operate a primary attendance center that is located more than sixteen miles from the nearest secondary attendance center operated by another South Dakota public school district, multiply 1.2 times the average daily membership;

(f) For contracting school districts with an average daily membership of two hundred or less and meet both the following criteria (i) serve an area of less than two hundred fifty square miles and (ii) operate a primary attendance center that is located less than sixteen miles from the nearest secondary attendance center operated by another South Dakota public school district, multiply 1.0 times their average daily membership;

(g) For contracting school districts with an average daily membership of less than six hundred, but greater than two hundred and meet one of the two following criteria (i) serve an area of more than two hundred fifty square miles, (ii) operate a primary attendance center that is located more than sixteen miles from the nearest secondary attendance center operated by another South Dakota public school district, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

(h) For contracting school districts with an average daily membership of less than six hundred, but greater than two hundred and meet both the following criteria (i) serve an area of less than two hundred fifty square miles and (ii) operate a primary attendance center that is located less than sixteen miles from the nearest secondary attendance center operated by another South Dakota public school district, multiply 1.0 times their average daily membership; ".

On page 3 , line 7, delete " (e) " and insert " (i) ".

Moved by:    McCoy
Second by:    Garnos
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1290 AS AMENDED

Moved by:    McCoy
Action:    Died for a lack of a second

MOTION:     DEFER HB 1290 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Kooistra
Second by:    Davis
Action:    Prevailed by roll call vote.(10-5-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, Van Norman, Smidt

Voting No:    McCaulley, McCoy, Monroe, Wick, Eccarius

         HB 1206: provide funds to school districts that reorganize and to revise the calculation of state aid to education.

Presented By:    Representative Holbeck

Opponents:    Penelope Douglas, SD Coalition of Small Schools
        Shayne McIntosh, Sully Buttes-Agar School
        Dean Christensen, Emery School
        Carl Farenwel, Rutland School

MOTION:     AMEND HB 1206

On page 2, between lines 22 and 23 of the printed bill, insert:

" Section 5. That § 13-13-1.4 be repealed.

13-13-1.4. If two or more school districts consolidate, for a period of four years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the average daily membership as defined in § 13-13-10.1 of those school districts that have not previously benefited from this section as they existed prior to consolidation. In years two to four, inclusive, after the consolidation, the relationship between the adjusted average daily membership and average daily membership shall be proportional to the relationship that existed for the first year.

Section 6. That § 13-13-1.5 be repealed.

13-13-1.5. In years five to eight, inclusive, after the consolidation of two or more school districts, the adjusted average daily membership for the newly formed district shall be calculated as follows:

~~(1) Calculate adjusted average daily membership pursuant to § 13-13-10.1;~~

~~(2) Notwithstanding the four-year time limit, calculate adjusted average daily membership pursuant to § 13-13-1.4;~~

~~(3) Subtract the results of subdivision (1) from the results of subdivision (2);~~

~~(4) Multiply the results of subdivision (3) by eighty percent in the fifth year, sixty percent in the sixth year, forty percent in the seventh year, and twenty percent in the eighth year;~~

~~(5) Add the results of subdivision (1) and the results of subdivision (4).~~ ".

On page 2 , line 23, delete the overstrikes.

On page 3 , between lines 10 and 11, insert:

" Section 7. That § 13-13-1.7 be repealed.

~~13-13-1.7. In years five to eight, inclusive, after the consolidation of two or more school districts that opted to benefit from § 13-13-1.6, state aid shall be calculated as follows:~~

~~(1) Calculate state aid pursuant to § 13-13-73;~~

~~(2) Notwithstanding the four-year time limit, calculate state aid pursuant to § 13-13-1.6;~~

~~(3) Subtract the results of subdivision (1) from the results of subdivision (2);~~

~~(4) Multiply the results of subdivision (3) by eighty percent in the fifth year, sixty percent in the sixth year, forty percent in the seventh year, and twenty percent in the eighth year;~~

~~(5) Add the results of subdivision (1) and the results of subdivision (4).~~ ".

Moved by:    Heineman
Second by:    McCoy
Action:    Prevailed by voice vote.

MOTION:     DO NOT PASS HB 1206

Moved by:    McCoy
Action:    Died for a lack of a second

MOTION:     AMEND HB 1206

On page 6, after line 13 of the printed bill, insert:

"

Section 8. Notwithstanding any other provision of this Act, any reorganized school district coming into existence on July 1, 2002, pursuant to a reorganization plan approved by the voters in 2001, may elect to either receive incentive payments pursuant to this Act or pursuant to the law as it existed at the time the voters approved the plan of reorganization. Each district affected by this section shall notify the Department of Education and Cultural Affairs by July 1, 2002, of its determination under this section. The determination made by the district may not be modified while the district is receiving incentive payments unless the district reorganizes further.".

Moved by:    Davis
Second by:    Garnos
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1206 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Monroe
Second by:    Davis
Action:    Prevailed by roll call vote.(12-3-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Garnos, Heineman, Kooistra, McCoy, Monroe, Van Norman, Wick, Smidt

Voting No:    Juhnke, McCaulley, Eccarius

         HB 1149: revise certain provisions related to the awarding of high school diplomas to certain veterans.

Presented By:    Representative Kloucek
Proponents:    Don Young, Herrick, SD

MOTION:     DO PASS HB 1149

Moved by:    Davis
Second by:    Bartling
Action:    Prevailed by roll call vote.(15-0-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Van Norman, Wick, Smidt, Eccarius

MOTION:     PLACE HB 1149 ON CONSENT CALENDAR

Moved by:    Smidt
Second by:    McCoy
Action:    Prevailed by voice vote.

         HB 1208: allow for certain school district transfers.

Presented By:    Representative Gary Hanson
Proponents:    Hank Kosters, Associated School Boards of SD
        Doug Medhaug, Veblen School Board
Opponents:    Secretary Ray Christensen, Department of Education and Cultural Affairs

MOTION:     AMEND HB 1208

On page 1, after line 8 of the printed bill, insert
"

This section is repealed on June 30, 2003.".

Moved by:    Elliott
Second by:    Van Norman
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1208

On page 1, line 8 of the printed bill, after " district " insert "for the period of one year".

Moved by:    Davis
Second by:    Bartling
Action:    Failed by voice vote.

MOTION:     SUBSTITUTE MOTION AMEND HB 1208

On page 1, line 8 of the printed bill, after " district " insert "for a period of one year from the date of the election".

Moved by:    Van Norman
Second by:    Kooistra
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1208 AS AMENDED

Moved by:    Bartling
Second by:    Davis
Action:    Failed by roll call vote.(6-9-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Kooistra, Van Norman

Voting No:    Garnos, Heineman, Juhnke, McCaulley, McCoy, Monroe, Wick, Smidt, Eccarius

MOTION:     DEFER HB 1208 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Smidt
Second by:    Juhnke
Action:    Prevailed by roll call vote.(9-6-0-0)

Voting Yes:    Garnos, Heineman, Juhnke, McCaulley, McCoy, Monroe, Wick, Smidt, Eccarius

Voting No:    Bartling, Begalka, Davis, Elliott, Kooistra, Van Norman

         HB 1085: establish a master teacher incentive fund to reward certain teachers and to create an appropriation therefor.

Presented By:    Representative McCaulley
Proponents:    Elaine Roberts, SD Education Association
        Dianna Miller, ESD+5
        Secretary Ray Christensen, Department of Edcuation and Cultural Affairs
Opponents:    Gene Enck, SD Associated School Boards

MOTION:     AMEND HB 1085

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. The Department of Education and Cultural Affairs shall establish a master teacher program. The South Dakota master teacher program shall reward qualified teachers in qualified school districts by means of a yearly bonus of not more than six thousand dollars per year.

Section 2. The funds for the South Dakota master teacher program shall be allocated to each qualified school district according to its relative portion of the total average daily membership as defined in § 13-13-10.1. Any qualified school district may access a portion of the funds for the South Dakota master teacher program if the school district implements a plan to reward teachers who demonstrate excellence and mastery in their profession. All moneys allocated for school districts that are not qualified school districts, shall be redistributed to the qualified school districts on an average daily membership basis.

Section 3. If a qualified school identifies a teacher who has demonstrated excellence and mastery, the qualified school district shall provide a written recommendation and substantiation, along with the specific amount of the bonus to be paid, to the Department of Education and Cultural Affairs after March first and before April fifteenth. The qualified school district is limited to requesting bonuses in an amount not to exceed the amount allocated for such school district.

Section 4. For purposes of this Act, a master teacher must comply with the plan developed by

the qualified school district and meet the following criteria:

(1) The teacher has taught at least three years in the qualified school district;

(2) The teacher exhibits excellence and mastery in both a subject area and teaching methods;

(3) The teacher is committed to students and their learning;

(4) The teacher is responsible for managing and monitoring student learning;

(5) The teacher thinks systematically about teaching and learns from experience;

(6) The teacher is a member of learning communities;

(7) The teacher submits a portfolio of professional work;

(8) The teacher is able to demonstrate student performance; and

(9) The teacher is endorsed by an administrator, a school board member, a parent, a colleague, or a student in the school district currently employing the teacher.

Section 5. For purposes of this Act, a qualified school district is one that meets the following criteria:

(1) The school district has a general fund balance of not more than thirty-five percent of total general fund expenditures for the previous school year;

(2) The school district rewards not more than twenty-five percent of its teachers, in any calendar year, with funds from the South Dakota master teacher program;

(3) The school district awards money to master teachers without a reduction or offset in their regular salary;

(4) The school district develops a plan to reward master teachers with the advice and counsel of members of the community, administration, and teachers;

(5) The school district identifies a panel of individuals designated to select the master teachers. The panel shall consist of seven members including a teacher, an administrator, a school board member, a student, a former student, a parent, and a member of the business community;

(6) The school district's plan is approved by the Department of Education and Cultural

Affairs.

Section 6. The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

Moved by:    Smidt
Second by:    McCoy
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1085

"On the previously adopted amendment (1085ca), amend the following:

Delete line 1 of Section 2 and insert "The Department of Education and Cultural Affairs may allocate only those funds appropriated by the Legislature for the purposes of this Act to each".

In Section 5, subsection (2), delete "calendar" and insert "school"".

Moved by:    McCaulley
Second by:    Smidt
Action:    Was not acted on.

MOTION:     DO PASS HB 1085 AS AMENDED

Moved by:    McCoy
Second by:    Wick
Action:    Prevailed by roll call vote.(10-5-0-0)

Voting Yes:    Elliott, Garnos, Heineman, Juhnke, McCaulley, McCoy, Van Norman, Wick, Smidt, Eccarius

Voting No:    Bartling, Begalka, Davis, Kooistra, Monroe

MOTION:     TO AMEND TITLE OF HB 1085

On page 1, line 1 of the printed bill, delete " incentive fund to reward " and insert "program to award certain teachers.".

On page 1 , delete line 2 .

Moved by:    Smidt
Second by:    Wick
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    McCoy
Second by:    Smidt
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Scott Eccarius, Chair

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